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Elements and Performance Criteria

  1. Identify applicable statute law
  2. Apply statute law

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

Required skills

Look for evidence that confirms skills in

searching for and identifying applicable statute laws rulings precedents and Commissioners practices

reading analysing and interpreting complex formal documents such as legislation regulations explanatory statements rulings and Commissioners practices and applying them to work situations

recording references to statutes using commonly accepted practices and abbreviations

communicating with others involving exchanges of complex oral and written information

responding to diversity including gender and disability

using technology to access applicable statutes and record outcomes

applying environmental sustainability and occupational health and safety procedures to administrative and ITrelated work

Required knowledge

Look for evidence that confirms knowledge and understanding of

lawmaking processes in Australia

structure and components of an Act

primary and secondary sources of law

principal rules governing the interpretation of statute law

the doctrine of precedent

purpose and use of Interpretation Act

abbreviations and commonly accepted practices used in citing statute law

Evidence Required

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole It must be read in conjunction with the unit descriptor performance criteria The range statement and the Assessment Guidelines for the Public Sector Training Package

Units to be assessed together

Coassessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include

PSPETHCA Uphold and support the values and principles of public service

PSPETHC401A Uphold and support the values and principles of public service

PSPREVA Undertake legislative decision making

PSPREV402A Undertake legislative decision making

PSPREVA Manage information on legal entities relationships and property

PSPREV403A Manage information on legal entities, relationships and property

PSPREVA Assess applications for grants subsidies and rebates

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOVB Deliver and monitor service to clients

PSPGOV402B Deliver and monitor service to clients.

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria look for evidence that confirms

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit

Resources required to carry out assessment

Resources essential for assessment include

government legislation regulations rulings Commissioners practices and other applicable case law

organisational procedures and protocols relating to the application of statute law

scenarios and case studies to capture the range of situations likely to be encountered when applying statute law

access to relevant systems

Where and how to assess evidence

Valid assessment of this unit requires

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when applying statute law including coping with difficulties irregularities and breakdowns in routine

applying statute law in a range of three or more contexts or occasions over time

Assessment methods should reflect but not exceed workplace demands such as literacy and the needs of individuals who might be disadvantaged

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace andor training courses and may include a combination of two or more of

workplace projects

simulation or role plays

case studies and scenarios

observation

portfolios

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments


Range Statement

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.

Components of statutes may include:

long and short titles

commencement date

end date

preambles

definitions

head notes and headings

parts

divisions

chapters

sections

subsections

paragraphs

subparagraphs

historical notes

clause notes

editorial and explanatory notes

schedules

statutory regulations

amendment information

amending Acts

version or reprint number

nexus

Situations may include:

assessment of applications for grants, subsidies or rebates

assessment of tax liability

issue and enforcement of fines

legislative decision making

providing customers with information and assistance

Principal rules may include:

literal

golden

mischief

spirit (intent) of the legislation

Interpretation Act:

will be the relevant legislation in the applicant's jurisdiction and will be the Commonwealth Act or the state or territory Act

Rulings may include:

revenue rulings

tax rulings

public rulings

circulars

Commissioner's determinations

Commissioner's practices may include:

practices designated by Commissioner of Revenue or Australian Taxation Commissioner

Commissioner's Guidelines and Circulars

Practice Directions

public guidelines

public practices

Treasurer's directions

business rules

circulars

operating policies

technical and procedural instructions

Explanatory statements may include:

explanatory memoranda

clause notes

explanatory notes

Extraneous materials may include:

rulings

published practices

circulars

revenue circulars

public rulings

case transcripts

regulations

precedent databases

technical and procedural instructions

operating policies and procedures

internal procedures

forms and brochures

fact sheets

organisational alerts

training materials

readings in Parliament

subordinate legislation

disallowable and notifiable instruments

legislation register

other relevant legislation

Commonly accepted practices use:

consecutive numbering for sections of an Act - no brackets

consecutive numbering in brackets for subsections

lower case alphabetical order in brackets for paragraphs

consecutive numbering using lower case Roman numerals in brackets for subparagraphs

Abbreviations may include:

sec., s. and s for section

subsec., ss. and ss for subsection

para for paragraph